Arif Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47606 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- NUAOW District- Kaimur (Bhabua) ====================================================== Arif Khan Son of Late Nesar Khan @ Nisar Khan Resident of village- Akhini, P.S. -Nuaon, District -Kaimur at Bhabua ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-07-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Nuaon P.S. Case No. 44 of 2025 registered for the offences punishable under Sections 115(2), 126(2), 109, 132, 223, 121(1), 121(2), 352, 351(2) and 3(5) of BNS, 2023.

3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases and the informant alleges that Vikash with liquor was apprehended along with the motorcycle, when accused persons including the petitioner came and assaulted the force causing injury to a constable and even tried to drown the driver of the police vehicle and took away Vikash forcefully.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.47606 of 2025(2) dt.30-07-2025 2/2 informant on account of his antecedents. It is next submitted that once an accused is implicated in a criminal case, the police starts implicating mechanically. It is further submitted that there is no specific allegation of assault alleged against the petitioner, rather the allegation is general and omnibus in nature.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that no doubt the allegation of assault is not specific, but then it is alleged that Vikash, who was apprehended, was taken away by the accused persons including the petitioner. It is also submitted that a police constable also received injury in the occurrence, which amply demonstrates that how emboldened the accused persons including the petitioner are.

6. Considering the submissions made by the learned APP for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, the instant anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T